Citation : 2023 Latest Caselaw 11495 P&H
Judgement Date : 1 August, 2023
Neutral Citation No:=2023:PHHC:098191
CWP-3190-2020 2023:PHHC:098191 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(103) CWP-3190-2020
Date of Decision : August 01, 2023
Harish Kumar and others .. Petitioners
Versus
State of Haryana and another .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Naveen Daryal, Advocate, for the petitioners.
Mr. Pankaj Middha, Addl. Advocate General, Haryana.
HARSIMRAN SINGH SETHI J. (ORAL)
Present petition has been filed seeking a direction to the
respondents to consider the petitioner's eligibility for the post of Station
Supervisor as advertised vide Advertisement No.7 of 2015 dated
10.07.2015.
It may be noticed that as petitioners No. 1 and 2 had secured
lesser marks than the last candidate in the waiting list, the present petition
was not pressed qua them.
Present petition only survives qua petitioner No.3.
Learned counsel for the petitioners submits that the only
objection which the respondents had taken for declaring petitioner No.3
ineligible was that the experience of petitioner No.3 was not of supervisory
post, which objection does not survive any further keeping in view the
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Neutral Citation No:=2023:PHHC:098191
judgment of the Division Bench of this Court in LPA No.1787 of 2018
titled as Rohtash Kumar and others vs. State of Haryana and others,
decided on 05.10.2020.
Learned State counsel concedes the factum that the judgment in
Rohtash Kumar's case (supra) will be applicable upon the petitioner No.3
qua the nature of duties envisaged in the experience certificate but submits
that whether the petitioner No.3 has five years experience to his credit or
not, which is an eligibility condition, is yet to be seen, as no such certificate
of experience has been produced by petitioner No.3 before this Court.
Learned State counsel submits that the claim of petitioner No.3
will be considered as to whether he is eligible for the post in question
keeping in view the essential qualification prescribed in the advertisement
for appointment to the post of Station Supervisor and the said consideration
will be done by keeping in mind the judgment of the Division Bench of this
Court in Rohtash Kumar's case (supra) and appropriate order will be
passed within a period of eight weeks from the receipt of copy of this order.
Learned counsel for the petitioners submits that keeping in
view the statement of learned State counsel, the present petition may kindly
be disposed of having been not pressed any further even qua petitioner
No.3.
Ordered accordingly.
August 01, 2023 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
Neutral Citation No:=2023:PHHC:098191
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